# Apodaca v. State

> Court of Criminal Appeals of Texas · October 30, 1940 · 140 Tex. Crim. 593

URL: https://www.frixlaw.com/law-library/cases/3931137

## Case

- **Full name:** Daniel O. Apodaca v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 30, 1940
- **Citations:** 140 Tex. Crim. 593; 146 S.W.2d 381; 1940 Tex. Crim. App. LEXIS 704
- **Precedential status:** Published
- **Opinion:** Addendum by Hawkins
- **Judges:** Christian, Hawkins
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3931137

## Opinion text

ON STATE'S MOTION FOR REHEARING.
HAWKINS, Presiding Judge.
The State has filed an able motion for rehearing challenging the correctness of the conclusions announced in our original opinion.
We have re-examined the record in the light of the State’s motion, and are inclined to adhere to the conclusions heretofore announced.
We think the safer policy to be adherence to the construction and application of Section 10, Article 1 of our Constitution already given effect in our long-established precedents.
We are not inclined to enlarge upon accepted exemptions from the application of said provision of the Constitution.
The motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3931137. Public record. Not legal advice.